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All Similar Past Performance Scores Are Not Comparable

Client Alert | less than 1 min read | 12.21.05

In Clean Harbors Environmental Services, Inc., (Dec. 9, 2005, http://www.gao.gov/decisions/bidpro/2961762.pdf), GAO overturned an award because the agency evaluated only the numerical past performance scores resulting from responses to past performance questionnaires and did not consider the comparative relevance of the offerors’ past performance despite an RFP provision that such an analysis would be performed. Because the protester was the incumbent contractor with consequent highly relevant experience and the awardee’s comparable numerical scores were attributable to contracts that were significantly smaller and less complex, GAO found that protester had suffered competitive prejudice from the agency’s failure to follow the RFP.

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Client Alert | 5 min read | 03.30.26

Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity

On March 26, 2026, President Trump issued an executive order (EO) titled Addressing DEI Discrimination by Federal Contractors. The EO declares diversity, equity, and inclusion (DEI) “activities” “unethical and often illegal,” and imposes new obligations on federal contractors and subcontractors related to DEI programming. Contractors that do business with the federal government — or that work as subcontractors for companies that do — should review the EO closely to determine the extent to which they are compliant with the new requirements....